constitutionalism and the enlargement of europe

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Constitutionalism And The Enlargement Of Europe

Author : Wojciech Sadurski
ISBN : 9780199696789
Genre : Law
File Size : 80. 89 MB
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Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.

European Constitutionalism Beyond The State

Author : Marlene Wind
ISBN : 0521796717
Genre : Law
File Size : 27. 93 MB
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Some of the most innovative scholars in the field of European constitutionalism come together in this book to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and cons titutionalism, it delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including student and practitioners of law, politics and philosophy.

The European Neighbourhood Policy And The Democratic Values Of The Eu

Author : Nariné Ghazaryan
ISBN : 9781782252122
Genre : Law
File Size : 53. 71 MB
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This book offers a legal analysis of the European Neighbourhood Policy (the ENP) as it applies to developing relations with the EU's neighbours. It explores the legal aspects of this policy, including ENP competence matters, institutional arrangements and substantive policy issues, using international relations theory as the starting point in defining the EU's role as a political actor. The book focuses on the adequacy of the ENP legal framework for transposing the EU's democratic values and upholding its political image. In this connection, the book also features an analysis of EU democratic values as they are intended to be understood by its neighbours. The relevant legal framework of this policy and its implementation in the states of the South Caucasus (Georgia, Armenia and Azerbaijan) is evaluated, revealing the effects of the ENP in their democratic processes and the shortfalls of the ENP conditionality.

Limits To Democratic Constitutionalism In Central And Eastern Europe

Author : Bogusia Puchalska
ISBN : 1409419835
Genre : Law
File Size : 64. 57 MB
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In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and lawmaking in constitutional moments should be politically, and not just constitutionally legitimate. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Legal Convergence In The Enlarged Europe Of The New Millennium

Author : Paul Torremans
ISBN : 9041113371
Genre : Political Science
File Size : 62. 6 MB
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Three years ago the Faculty of Law and Administration of the University of Silesia and the Faculty of Law of the University of Leicester embarked on a joint research and academic co-operation programme with the support of the British Council in Warsaw. The programme resulted in the organisation of two academic conferences, one in Leicester and one in Katowice. This book is the tangible result of these conferences. The content of the book reflects the wide-ranging nature of the collaboration between the two Faculties. Environmental law, public international law, intellectual and cultural property law are the main areas that are covered, but certain issues of constitutional law, European law, social law, company law and legal education are also addressed. The main strength of this book is found in its breadth of coverage and the detailed examination of key issues such as the rights of minorities; the transboundary movement of waste in Europe and the environmental problems which it creates; the theft and illegal exportation of cultural property; and the convergence of the droit d'auteur and copyright traditions.

Spreading Democracy And The Rule Of Law

Author : Wojciech Sadurski
ISBN : 9781402038426
Genre : Law
File Size : 26. 82 MB
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The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Institutional Challenges In Post Constitutional Europe

Author : Catherine Moury
ISBN : 9781134012787
Genre : Political Science
File Size : 54. 75 MB
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This book discusses the future of the European Union following the failure of the Constitutional and reform treaties, examining the transformations, dynamics and major issues facing present-day Europe. Discussing key questions relating to the future of the European project, this book brings together leading academics and practitioners, including: Adrienne Héritier, Jan Zielonka, Yves Mény, Maurizio Cotta, Philippe Schmitter, ECJ Advocate General Miguel Maduro and former President of the European Parliament, Pat Cox. These contributors provide provocative and innovative accounts of developments within the European Union, contrasting theoretical reflections with a more professional perspective based on first-hand experience in running European affairs. The contributions focus on three key challenges: enlargement, the end of the permissive consensus and the need for democratization of the European Union, considering questions such as: What does Europe represent to neighbouring countries and how is it addressing their expectations? How could a larger Union be governed efficiently? Are European citizens willing to delegate responsibility to their leaders to tackle European integration? Is it accurate to accuse the European Union of a "democratic deficit"? Institutional Challenges in Post-Constitutional Europe will be of interest to students and scholars of European politics, especially those with an interest in European integration/enlargement, constitutionalism, and democratization.

European Union Constitutionalism In Crisis

Author : Nicole Scicluna
ISBN : 9781317624424
Genre : Political Science
File Size : 39. 40 MB
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Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.

Law And Governance In An Enlarged European Union

Author : George A. Bermann
ISBN : 9781841134260
Genre : Law
File Size : 66. 92 MB
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This bookâ??s principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, concentrating on the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realizing this potential will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading social scientists and policymakers, examines the current and future legal framework for EU governance, and the role that new members will â?? or will not â?? play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonization in the EU.

The Treaty Of Nice And Beyond

Author : Mads Tønnesson Andenæs
ISBN : 9781841133393
Genre : Law
File Size : 82. 87 MB
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This edited collection explores legal issues raised by the Treaty of Nice, enlargement of the Union and the reform process leading up to the Intergovernmental Conference on the Draft Constitutional Treaty by the 2003-4 Convention on the Future of Europe.

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